Last Modified: May, 2020
This End User License Agreement ("EULA") is a legal contract between Media Arena Ltd ("Company" or "Media Arena") and you, the user of our browser extension add-on (referred to as "user" or "you" or the "Product").
By installing and using the Product, you acknowledge that you have read, understood, and agreed to this EULA. It is important to review our Privacy Policy, available at Privacy, which details our data collection and privacy practices and is incorporated into this agreement. If you do not agree to this EULA, please refrain from using the Product and uninstall it if applicable.
(A) AMENDMENTS
We reserve the right to amend or revise this EULA at our discretion, and such changes will be effective immediately upon publication of the revised EULA. The "Last Modified" date at the bottom of this EULA will indicate the most recent revision. Your continued use of the Product after these amendments constitutes your acknowledgment and consent to the revised EULA, and you agree to be bound by its terms.
(B) SCOPE OF SERVICES
The Product is a browser add-on that modifies your browser's new tab settings and other selected features upon installation. It may also affect your default search settings. Additionally, the Product provides services such as a direct web search and other enhancing features to improve your search experience ("Services").
(C) LICENSE AND INTELLECTUAL PROPERTY
You are hereby granted with a revocable, limited, non-exclusive, non-transferable and non-sub-licensable license, to download and use the Product, solely for your personal and non-commercial purposes. The grant of license is subject to your agreement to be bound by this EULA as well as compliance with the provisions herein.
The Intellectual Property Rights and all other rights, title and interest of any nature in and to Product (including trademarks, service marks, product names, and trade names as well as modifications, enhancements, upgrades, customizations and derivative works) are and shall remain the exclusive property of the Company and its licensors. For the purpose of this EULA “Intellectual Property Rights” shall mean all intellectual property rights of any kind and description, including without limitation rights in or to trademarks and service marks (whether or not registered), trade names and other designations of source of origin, together with all goodwill related to the foregoing, rights in or to copyrights, whether or not registered, rights in or to trade secrets and confidential information, including without limitation know-how, technology methods, ideas and inventions, rights in software and computer code (whether in source code, object code or any other form) and all applications and registrations of any of the foregoing.
(D) THIRD PARTY SERVICES AND LINKS
The Product may provide links to third-party content, websites, and webpages (e.g., advertisements) ("Third Party Services"). These services are not operated, owned, or developed by us, and we do not control their accuracy, legality, or reliability. It is your responsibility to review the terms and conditions and privacy policies of third parties, as they govern your use of those services. We do not warrant or endorse Third Party Services and are not responsible for any issues or damages arising from their use.
(E) REPRESENTATIONS AND WARRANTIES
ANY USE OF THE PRODUCT NOT SPECIFICALLY PERMITTED HEREIN IS PROHIBITED AND MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE EXTENSION, AS WELL AS RESULT IN CIVIL AND CRIMINAL LIABILITY.
You represent and warrant that you will not, either by yourself or by authorizing or encouraging others to do so, directly or indirectly: (i) modify, change, edit, amend, alter, bypass or reorder any aspect of the Product; (ii) circumvent, disable or interfere with security features of the Product or otherwise impair or degrade its performance in any way; (iii) access the Product by any automated or malicious codes, including scraping, crawling, data-mining, or using any robot, spider; (iv) copy, sell, lease, share, sublicense or distribute the Product and the license to use the Extension granted herein, or otherwise commercially exploit or make the Product; (v) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the Product, or attempt to derive the source code of the Product; (vi) use the Product in any fraudulent, unlawful, harmful, irresponsible, or inappropriate manner; (vii) assert any proprietary rights in or to the Product, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party; (viii) use the Product in any way that violates any term of this EULA.
(F) DISCLAIMER OF WARRANTIES
Except as provided in this EULA, the Product and Services are provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee the error-free operation of the Product, its suitability for a particular purpose, or the absence of viruses or harmful code. Your use of the Product is at your own risk, and we are not responsible for any technical issues or damages that may arise. Applicable law may limit certain exclusions, so some provisions may not apply.
(G) LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, VENDORS, DISTRIBUTORS, LICENSORS, OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, INTERRUPTION, OR LOSS OF DATA, ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF THEY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, IF ANY, SHALL NOT EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT OR TEN DOLLARS ($10), WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY DOES NOT AFFECT OUR LIABILITY FOR ANY OTHER MATTER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
UPDATES AND UPGRADES
Media Arena may release updates, upgrades, or revisions to the Product and Services at its discretion, without notice. We are not liable for any consequences resulting from such changes. By installing the Product, you agree to receive and install automatic updates when available. We have no obligation to provide upgrades or updates.
(I) TERM AND TERMINATION
This EULA is effective upon installation of the Product and can be terminated by discontinuing its use. You can uninstall the Product through your browser settings. The Company may terminate this EULA, discontinue the Services, or terminate your access to the Product at any time, without notice, and for any reason. The Company is not liable for any consequences resulting from termination. Your license automatically terminates if you breach the terms of this EULA. See applicable information here: Google Chrome; Mozilla Firefox; Explorer.
(J) INDEMNIFICATION
You agree to indemnify, defend, and hold the Company, its affiliates, officers, directors, shareholders, and representatives harmless from any demands, losses, damages, expenses, claims, and liabilities, including reasonable attorney's fees, arising from your breach of this EULA.
(K) JURISDICTION AND DISPUTE RESOLUTION
This EULA is governed by the laws of the State of Israel without regard to conflicts of law principles. Any claim, controversy, or dispute related to this EULA and the Product shall initially be resolved through informal procedures. If the dispute cannot be resolved informally, both parties agree to exclusive jurisdiction in the competent courts located in Tel Aviv, Israel. Any claim related to the Product is limited to twelve (12) months from the relevant incident.
(L) GENERAL This EULA
Entire Agreement: This EULA represents the complete understanding between the parties regarding the use of the Product. If any part of this EULA is found to be void or unenforceable, it will not affect the validity of the remaining provisions, which shall remain in full force and effect.
Relationship of the Parties: This EULA does not create or imply any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between the parties.
Assignment: You are not allowed to assign or transfer this EULA, or any of your rights or obligations herein, without the express written consent of the Company. The Company, however, reserves the right to assign or transfer this EULA and delegate its obligations at its sole discretion.
Waiver: The Company's failure to take action in response to a breach by you or others does not waive its right to act in response to subsequent or similar breaches.
Force Majeure: The Company shall not be considered in breach of this EULA if it is unable to provide the Product or any part thereof due to circumstances beyond its control, such as earthquakes, labor disputes, shortages, riots, fires, floods, storms, explosions, internet outages, acts of God, or any applicable laws, regulations, or governmental orders.
Please note that this revised version is based on the information provided and should not be considered legal advice. It's always a good idea to consult with a legal professional to ensure compliance with applicable laws and regulations.
(M) CONTACT US
Media Arena Ltd
support@mediaarenaltd.com
+1 (888) 319-2022